MICHAEL MOGAN v. PORTFOLIO MEDIA INC (2025)

ORDER

Plaintiff-Appellant filed a petition for rehearing and rehearing en banc on July 22, 2025. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all members of the panel have voted to deny the petition for rehearing. The petition therefore is DENIED.

Page 2, paragraph 1, of the opinion issued on July 14, 2025, is amended to read:

Mogan, who is an attorney, sued Airbnb in California state court on behalf of a client named Veronica McCluskey in 2018. See Mogan v. Sacks, Ricketts & Case LLP, No. 21-cv-08431, 2022 WL 94927, at *2 (N.D. Cal. Jan. 10, 2022) (describing the McCluskey case). That case went to arbitration and the state court ordered Mogan to pay sanctions for filing a frivolous motion. Mogan then sued Airbnb on his own behalf, in federal court, for abuse of process and unfair business practices that he alleged Airbnb committed in the McCluskey case. The federal court dismissed the case and imposed additional sanctions against Mogan for filing a frivolous lawsuit. When he refused to pay the state court sanctions, the California State Bar filed disciplinary charges against him. Law360, a legal news website, detailed these legal battles in three articles published between 2022 and 2023.

Matthew F. Kennelly, Judge.